United States v. Zucca, 351 U.S. 91 (1956)

United States v. Zucca

No. 213

Argued January 24-25, 1956
Decided April 30, 1956
351 U.S. 91

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Under § 340(a) of the Immigration and Nationality Act of 1952, the filing of an "affidavit showing good cause" is a prerequisite to the maintenance of a denaturalization proceeding. Pp. 91-100.

(a) This conclusion is in accord with the language of the statute. Pp. 94-96.

(b) It is also in accord with the legislative history of the statute, its contemporaneous administrative construction, and the usual administrative practice thereunder. Pp. 96-98.

(c) The filing of such an affidavit is not rendered unnecessary merely because the complaint itself is verified. Pp. 98-99.

2. Section 340(a) is the only section under which a United States Attorney may institute denaturalization proceedings. Bindczyck v. Finucane, 342 U.S. 76. Pp. 95, 99.

221 F.2d 805 affirmed.